EN    EN EN  
EN    EN  EUROPEAN COMMISSION 
Brussels, xxx 
C(2010) yyy final 
Draft 
COMMISSION REGULATION (EU) No …/.. 
of […] 
laying down detailed rules for the implemen tation of Regulation (EC) No 1007/2009 of 
the European Parliament and of the Council on trade in seal products  
EN 2   EN Draft 
COMMISSION REGULATION (EU) No …/.. 
of […] 
laying down detailed rules for the implemen tation of Regulation (EC) No 1007/2009 of 
the European Parliament and of the Council on trade in seal products 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union,  Having regard to Regulation (EC) No 1007/2009 of the European Parliament and of the 
Council of 16 September 2009 on trade in seal products
1, and in particular Article 3(4) 
thereof, 
Whereas: (1) It is necessary for the uniform applicati on of Regulation (EC) No 1007/2009 to specify 
the conditions for the placing on the Union market of seal products. 
(2) The placing on the market of seal products  which result from hunts traditionally 
conducted by Inuit and other indigenous co mmunities and which contribute to their 
subsistence should be allowed. Such hunts ar e part of the cultural heritage of the 
community and seal products are at least pa rtly used, consumed or processed within 
the communities according to their traditions. 
(3) The placing on the markets of seal products shall also be allowed where the hunt was 
conducted with the sole purpose of the sust ainable management of  marine resources. 
Moreover, the conditions for the importation of seal products for the personal use of 
travellers or their families shall be laid down. 
(4) Within this exceptional framework, an eff ective mechanism should be introduced that 
is not more trade-restrictiv e than necessary to ensure an adequate verification of 
compliance with these requirements. 
(5) Other options are not sufficien t to achieve these aims. Th erefore, a mechanism should 
exist by which recognised bodies issue attest ations that seal products are compliant 
with the requirements laid down in Regulation (EC) n°1007/2009, unless the import is for the personal use of travellers or their families. 
(6) It is appropriate to provide that bodies wh ich comply with certain  requirements should 
be included in a list of recognise d bodies issuing su ch attestations. 
                                                
 
1 OJ L 286, 31.10.2009, p. 36.  
EN 3   EN (7) Models should be set out for the attestation and its copies in order facilitate 
management and verification of attestations. 
(8) Procedures for the control of attestations should be set out. Those procedures should 
be as simple and as practical as possibl e, without compromising the credibility and 
consistency of the system. 
(9) The use of electronic systems should be allowe d in order to facilitate the exchange of 
data between competent au thorities, the Commission a nd the recognised bodies. 
(10) The processing of personal data for the purpos es of this Regulation, in particular as 
regards the processing of personal data in a ttestations should comply with Directive 
95/46/EC of the European Parliament a nd of the Council of 24 October 1995 on the 
protection of individuals with  regard to the processing of  personal data and on the free 
movement of such data2 and Regulation (EC) No 45/2001 of the European Parliament 
and of the Council of 18 December 2000 on the protection of indivi duals with regard 
to the processing of personal data by the Community institutions and bodies and on the free movement of such data
3. 
(11) The measures provided for in this Regulati on are in accordance with the opinion of the 
Committee on the protection of species of wild fauna and flora by regulating trade 
therein, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation lays down detailed rules for the placing on the market of seal products under 
Article 3 of Regula tion (EC) No 1007/2009. 
Article 2 
For the purpose of this Regulation,  in addition to the definiti ons laid down in Article 2 of 
Regulation (EC) No 1007/2009, the fo llowing definitions shall apply: 
1. 'other indigenous communities' means comm unities in independent countries who are 
regarded as indigenous on account of th eir descent from the populations which 
inhabited the country, or a ge ographical region to which the country belongs, at the 
time of conquest or colonisation or the es tablishment of presen t State boundaries and 
who, irrespective of their legal status, retain  some or all of their own social, economic, 
cultural and political institutions. 
2. 'non-profit' means making available on the mark et for a price less than or equal to the 
recovery of the costs borne by the hunter  reduced by the amount of any subsidies 
received in relation to the hunt. 
                                                 
2 OJ L 281, 23.11.1995, p. 31. 
3  OJ L 8, 12.1.2001, p. 1.  
EN 4   EN Article 3 
1. Seal products resulting from hunts by Inuit or other indigenous communities may only 
be placed on the market if it can be established that they originate from seal hunts: 
(a) conducted by Inuit or other indigenous communities which have a tradition of 
seal hunting in the community a nd in the geographical region; 
(b) the products of which are at  least partly used, consum ed or processed within 
the communities according to their traditions; 
(c) which contribute to the subs istence of the community. 
2. At the time of the placing on the market, the seal product shall be accompanied by the 
attestation provided for in Article 7(1). 
Article 4 
Seal products for the personal use of travellers  or their families may only be imported, if one 
of the following requirements is fulfilled: 
1. the seal products are either worn by the travellers, carried or contained in the personal 
luggage of travellers coming from a third country. 
2. the seal products are contai ned in the personal property of  a natural pers on transferring 
his normal place of residence from a third country to the European Union. 
Article 5 
1. Seal products resulting from marine res ources management may only be placed on the 
market, if it can be established that  they originate from seal hunts: 
(a) conducted under a national or regional natural resources management plan 
which uses scientific population models  of marine resources and applies the 
ecosystem based-approach; 
(b) which does not exceed the total allowable catch quota established in 
accordance with the plan referred to in point (a); 
(c) the by-products of which are placed on the market in a non-systematic way. 
2. At the time of the placing on the market, the seal product shall be accompanied by the 
attestation provided for in Article 7(1). 
Article 6  
1. A body shall be included in a list of rec ognised bodies where it demonstrates that it 
fulfils the following requirements: 
(a) It has legal personality;  
EN 5   EN (b) It has set up a scheme which ensures that the requirements of Articles 3 or 5 of 
this Regulation are met; 
(c) It has the capacity to exercise the functions of issuing and managing 
attestations, as well as pro cessing and archiving records; 
(d) It has the ability to carry out its functi ons in a manner that avoids conflict of 
interest; 
(e) It has the ability to m onitor compliance with the requirements set out in 
Articles 3 and 5; 
(f) It has the capacity to withdraw the attest ation or suspend its validity in case of 
non-compliance with the requirements of this Regulation and to take measures to inform competent authorities and customs authorities of Member States thereof; 
(g) It is subject to an inde pendent third party audit; 
(h) It operates at national or regional level; 
2. In order to be included in the list refe rred to in paragraph 1, a body shall submit to the 
Commission a request accompanied by documents demonstrating that it fulfils the requirements set out in paragraph 1. 
3. The body shall submit the audit report produ ced by the independent third party to the 
Commission at the end of each reporting cycle. 
Article 7 
1. Upon request, where the requireme nts for placing on the market  set out in Article 3(1) 
or Article 5(1) are met, a recognised body sha ll issue an attestation   conforming to the 
models set out in the Annex. 
2. The recognised body shall return the attestatio n to the applicant and shall keep a copy 
for three years for record keeping purposes. 
3. The original of the attestation shall be ha nded over at the time of the placing on the 
market. The applicant may keep a copy of the attestation. 
4. A reference to the attestation number shall be  included in any furthe r invoice in case of 
subsequent transfer of ownership. 
5. A seal product accompanied by an attestati on issued in accordance with paragraph 1 
shall be deemed to comply with Article 3(1) or Article 5(1). 
6. Acceptance of a customs declaration for rele ase for free circulation under Article 79 of 
Council Regulation (EC) No. 2913/92
4 of a seal product shal l be subject to the 
                                                 
4 OJ L 302, 19.10.1992, p. 1.  
EN 6   EN presentation of an attestation issued in accordance with paragraph 1. The customs 
authorities shall keep a copy of th e attestation in their records. 
7. In case of doubts relatin g to the authenticity or  correctness of an at testation issued in 
accordance with paragraph 1 as well as when  further advice is required, the customs 
authorities and other enforcement officers shall contact the competent authorities 
designated by the Member State concerned in accordance with Article 9. The competent authorities shall deci de on measures to be taken. 
Article 8 
1. The attestations shall be paper-based or electronic. 
2. In case of an electronic atte station, a print-out shall acco mpany the seal product at the 
time of the placing on the market. 
3. The use of the attestation shal l be without prejudice to any other formalities relating to 
the placing on the market. 
4. The competent authority designated in accord ance with Article 9 may require that the 
attestation be translated into the offici al language of the Member State where the 
product is to be placed on the market.  
Article 9 
1. Member States shall designate one or several competent authorities responsible for the 
following tasks: 
(a) verifying the attestations for seal pr oducts imported from third countries upon 
request of the customs aut horities under  Article 7(7 ). 
(b) controlling the issuing of  attestations by a body established and active in that 
Member State; 
(c) keeping a copy of the attestation issued for seal products originating from seal 
hunts in that Member State. 
2. Member States shall notify the Commission of the respective competent authorities 
designated in accordance with paragraph 1. 
3. The Commission shall make the list of comp etent authorities designated in accordance 
with paragraph 1 available on its webs ite. The list shall be regularly updated. 
Article 10 
1. Competent authorities may use electronic sy stems for the exchange and recording of 
data contained in attestations. 
2. Member States shall take into account the compleme ntarity, compatibility and 
interoperability of the electronic systems referred to in paragraph 1.  
EN 7   EN Article 11 
This Regulation is without prejudice to the level of protection of individu als with regard to the 
processing of personal data under  European Union law and natio nal law, and in particular 
does not alter the obligations and rights set out in Directive 95 /46/EC and Regulation (EC) No 
45/2001. The protection of individuals  with regard to the processing of personal data shall be 
ensured in particular with rega rd to any disclosure  or communication of personal data in an 
attestation. 
Article 12 
This Regulation shall enter into force on the [third] day following that of its publication in the 
Official Journal of the European Union . 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, […] 
 For the Commission 
 The President  […] 
   
EN 8   EN  
ANNEX   
  
EN 9   EN EUROPEAN UNION ATTESTATION
 1 Issuing body  2 For the purposes of the issuing country
Name
Add ress
 3 Attestation Number
 4 Country of placing on the market
 5 ISO Code
 6 Commercial description of  t he seal product
 7 Justif ication
 8 Scientific Name  9 HS-Heading 
 10 Country of taking  11 ISO Co de
 12 Net Weigh t (kg)  13 Number of units
 14 Distinguishing marks  15 Unique Identifier
16 Signature and stamp of issuing body  17 Endorsement by customs 
N umber of customs declaration
Signature and stamp
Place and date Place and dateBy- products r esulting fr om hunts for the sustainable management of 
mar ine resour cesSeal Pr oduct resulti ng from hunt by Inuit or other indigenous 
communitiesORIGINAL1
1
  
EN 10   EN EUROPEAN UNION ATTESTATION
 1 Issuing body  2 For the purposes of the issuing country
Name
Add ress
 3 Attestation Number
 4 Country of placing on the market
 5 ISO Code
 6 Commercial description of  t he seal product
 7 Justif ication
 8 Scientific Name  9 HS-Heading 
 10 Country of taking  11 ISO Co de
 12 Net Weigh t (kg)  13 Number of units
 14 Distinguishing marks  15 Unique Identifier
16 Signature and stamp of issuing body
Place and dateBy- products r esulting fr om hunts for the sustainable management of 
mar ine resour cesCOPY FOR THE ISSUING BODY2
2
Seal Pr oduct resulti ng from hunt by Inuit or other indigenous 
communities
 
  
EN 11   EN EUROPEAN UNION ATTESTATION
 1 Issuing body  2 For the purposes of the issuing country
Name
Add ress
 3 Attestation Number
 4 Country of placing on the market
 5 ISO Code
 6 Commercial description of  t he seal product
 7 Justif ication
 8 Scientific Name  9 HS-Heading 
 10 Country of taking  11 ISO Co de
 12 Net Weigh t (kg)  13 Number of units
 14 Distinguishing marks  15 Unique Identifier
16 Signature and stamp of issuing body  17 Endorsement by customs 
N umber of customs declaration
Signature and stamp
Place and date Place and dateBy- products r esulting fr om hunts for the sustainable management of 
mar ine resour cesCOPY FOR CUSTOMS3
3
Seal Pr oduct resulti ng from hunt by Inuit or other indigenous 
communities
 
  
EN 12   EN EUROPEAN UNION ATTESTATION
 1 Issuing body  2 For the purposes of the issuing country
Name
Add ress
 3 Attestation Number
 4 Country of placing on the market
 5 ISO Code
 6 Commercial description of  t he seal product
 7 Justif ication
 8 Scientific Name  9 HS-Heading 
 10 Country of taking  11 ISO Co de
 12 Net Weigh t (kg)  13 Number of units
 14 Distinguishing marks  15 Unique Identifier
16 Signature and stamp of issuing body  17 Endorsement by customs 
N umber of customs declaration
Signature and stamp
Place and date Place and dateBy- products r esulting fr om hunts for the sustainable management of 
mar ine resour cesRE SE RVE4
4
Seal Pr oduct resulti ng from hunt by Inuit or other indigenous 
communities
  
EN 13   EN Notes for guidance  
General:  
Complete in capitals  
Box 1 Issuing body  Indicate the name  & address of the body that issues the 
attestation  
Box 2.  For the purposes of the issuing country  Space for the purposes of the issuing country. 
Box 3.  Attestation number Indicate the issuing number. 
Box 4.  Country of placing on the 
market  Indicate the Member State where the seal product is foreseen 
to be first placed on the market 
Box 5.  ISO code Indicate the two-letter code for the country referred to in Box 
4. 
Box 6.  Commercial description Indicate the commercial description of the seal product(s). 
The description shall be consiste nt with the entry in box 8. 
Box 7. Justification Tick one of the two boxes. 
Box 8.  Scientific Name  Indicate the scientific names  of the species of the seals  used in 
the product. Where more than one species is included in a composite product, use a separate line. 
Box 9.  HS Heading  Give the four-digit or the six-digit commodity code 
established pursuant to the Harmonised Commodity Description and Coding System. 
Box 10.  Country of taking Indicate the country where seals  used in the product have 
been taken from the wild. 
Box 11.  ISO code Indicate the two-letter code for the country referred to in Box 
9. 
Box 12.  Net Weight Give the overall weight in  kg. This is defined as the net mass 
of the seal products without immediate containers or any 
packaging, other than bearers, spacers, stickers etc.  
Box 13.  Number of units Indicate the number of units, where a manufactured product is 
best quantified in this way. 
Box 14.  Distinguishing marks Indicate any distinguishing marks where appropriate e.g. lot 
number, bill of lading number. 
Box 15. Unique Identifier  Indicate any iden tifiers applied on the products itself for the 
purpose of traceability.  
Box 16.  Signature and stamp of The box shall be signed by the authorised official and 
stamped with the official stamp of the issuing authority. The  
EN 14   EN issuing authority place & data shall also be indicated. 
Box 17. Endorsement by customs Customs authorities shall indicate the number of the customs 
declaration for further reference. Signature and stamp of the 
customs authority.